Terms of Service

Agreement to Terms

By accessing or using the website of Colima Landscape Inc., you agree to be bound by these Terms of Service and all applicable laws and regulations in California and the United States. If you do not agree with any part of these terms, you should not use our website or request our services.

Consent to Communications

By submitting your phone number through our contact forms, consultation requests, or chat widget, you expressly consent to be contacted by Colima Landscape Inc. at the phone number you provide regarding your project inquiry, including by phone calls, text messages, and automated or prerecorded messages using an automatic telephone dialing system. Providing your phone number and consent is not a condition of purchasing any service. You may revoke your consent and opt out of future communications at any time by replying STOP to any text message, emailing info@colimalandscapeinc.com, or calling (805) 290-5368. Standard message and data rates may apply. For full details, see our Privacy Policy.

Services & Consultations

Estimates, consultations, and any design materials provided by Colima Landscape Inc. are for general planning purposes only and are not a guarantee of project cost, timeline, feasibility, or results. All proposals are subject to detailed site evaluations, engineering assessments where applicable, and local permitting requirements. A written proposal is required before any work is considered contracted. Oral discussions, website content, and preliminary estimates do not constitute a binding agreement.

Colima Landscape Inc. performs landscape and hardscape construction within the scope of its applicable licensing (CSLB License 985366). Some projects may require appropriately licensed subcontractors, engineers, architects, or other qualified professionals for specialized work including but not limited to electrical, plumbing, gas, structural, pool, or waterproofing systems.

No Guarantee of Results

Outdoor construction is affected by site conditions, weather, soil, drainage, material availability, and other factors outside our control. We do not guarantee specific project outcomes, timelines, permit approvals, property value increases, or freedom from future maintenance, settling, cracking, weathering, or other natural changes to installed materials and landscapes.

Limitation of Liability

To the fullest extent permitted by law, Colima Landscape Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of this website or our services. Our total liability for any claim arising from website use or services shall not exceed the amount you paid for the specific service giving rise to the claim. This limitation applies even if we have been advised of the possibility of such damages.

Disclaimers

The information on this website is provided for general informational purposes only and does not constitute professional advice. Content about services, materials, permitting, regulations, and project considerations is not a substitute for site-specific evaluation, engineering, legal, or code-compliance guidance from a qualified professional.

We do not warrant that the website will be uninterrupted, error-free, or free of harmful components. All information is provided "as is" without warranties of any kind, either express or implied.

User Submissions

When you submit information through our contact forms, chat widget, or other communication channels, including photographs, project descriptions, property details, or other materials, you grant Colima Landscape Inc. a non-exclusive, royalty-free license to use that information for the purpose of evaluating your project, preparing proposals, and providing services. You represent that you have the right to submit any materials you share with us and that doing so does not violate the rights of any third party. We are not obligated to keep submitted materials confidential unless we have agreed to do so in a separate written agreement.

Indemnification

You agree to indemnify, defend, and hold harmless Colima Landscape Inc., its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses, including reasonable attorney's fees, arising from your use of this website, your violation of these Terms, or your infringement of any rights of a third party. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification, and you agree to cooperate with us in that defense.

Dispute Resolution

Any dispute arising from the use of this website or our services shall be governed by the laws of the State of California. The parties agree to attempt good-faith negotiation before pursuing formal dispute resolution. If the dispute cannot be resolved through negotiation, it shall be resolved through binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in Ventura County, California, in accordance with applicable California law and the JAMS Streamlined Arbitration Rules then in effect. The arbitrator shall be a retired judge or attorney licensed to practice law in California with at least ten years of experience.

Class Action Waiver: Any arbitration or legal proceeding shall be conducted on an individual basis only, and not as a class action or other representative proceeding. The parties expressly waive any right to participate in a class action. This class action waiver shall not be severable from the rest of these Terms, and if it is found unenforceable, the entire arbitration provision shall be void.

Limitation Period for Claims

No action or proceeding arising out of or relating to these Terms or the use of this website may be commenced more than one (1) year after the cause of action arose. Any claim not brought within this period is permanently barred.

Force Majeure

Colima Landscape Inc. shall not be held liable for delays or failures to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, severe weather, wildfires, earthquakes, supply chain disruptions, material shortages, labor disputes, government orders, or other unforeseen events.

Intellectual Property

All content, designs, images, and text featured on this website are the property of Colima Landscape Inc. and protected by applicable copyright and trademark laws. You may not reproduce, distribute, or use any content from this website without our prior written consent.

Modifications to These Terms

We may update these Terms of Service from time to time. Any changes will be posted on this page with an updated revision date. Your continued use of the website after changes are posted constitutes acceptance of the revised terms.

Third-Party Links and Content

Our website may contain links to third-party websites, including social media profiles and government resources, that are not owned or controlled by Colima Landscape Inc. We are not responsible for the content, privacy practices, or accuracy of any third-party website. Accessing any third-party link is at your own risk.

Informal Dispute Resolution

Before initiating arbitration, the parties shall first attempt to resolve the dispute informally by sending a written notice of the dispute to the other party. Colima Landscape Inc. shall send its notice to 49 Raemere Street, Camarillo, CA 93010, or to info@colimalandscapeinc.com. The parties shall have thirty (30) days from receipt of the notice to resolve the dispute informally before either party may initiate arbitration.

Electronic Acceptance

By using this website, submitting forms, or interacting with our chat widget, you acknowledge that you have read, understood, and agreed to these Terms of Service electronically. Your continued use of the website constitutes acceptance of any updated terms. You agree that electronic acceptance has the same legal effect as a handwritten signature.

Entire Agreement

These Terms of Service constitute the entire agreement between you and Colima Landscape Inc. regarding the use of this website and supersede any prior agreements, communications, or understandings, whether written or oral. No oral statement or prior course of conduct modifies these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court or arbitrator, that provision shall be severed and the remaining provisions shall remain in full force and effect.

Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Colima Landscape Inc. may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

Waiver

The failure of Colima Landscape Inc. to enforce any right or provision of these Terms at any time shall not be considered a waiver of that right or provision. A waiver on one occasion is not a waiver of any future occasion.

California Home Improvement Contracts

Colima Landscape Inc. is licensed by the California Contractors State License Board (CSLB License 985366). Any contract for home improvement or landscape construction work will be governed by a separate written agreement that complies with the California Business and Professions Code, including provisions regarding progress payments, change orders, and the three-day right to cancel where applicable. The information on this website does not constitute a binding offer or contract for construction services. A written contract signed by both parties is required before any work begins.

Contact Information

For questions regarding our terms or services, please reach out to:
Colima Landscape Inc.
49 Raemere Street, Camarillo, CA 93010
Phone: (805) 290-5368
Email: info@colimalandscapeinc.com